Losing work is not a very pleasant moment. This can happen on their own. Often dismissal is carried out to reduce staff. The payment of benefits in this case is guaranteed by law. The procedure for leaving work for this reason has its own characteristics.
The concept
Reduction of staff - a procedure established by law. Dismissal in this case should occur according to the Labor Code of the Russian Federation. Failure by the employer to fulfill its conditions entails the reinstatement of the employee.
In addition, the employer must pay for the illegal dismissal of the salary for the entire time of absence. Often disputes over work are resolved in court. Moreover, the side of former employees is often taken.
Norms of law
Matters related to reduction are regulated by the Labor Code of the Russian Federation. Based aspects are present in:
- Art. 178 and 179 - requirements and order.
- Art. 261 - warranties.
- Article 266 - provisions on the reduction of seasonal workers.
Rights
Employee rights are protected by law during downsizing. Warranties are provided to certain employees to protect against termination of employment. They can be reduced only upon liquidation of the institution. There are some categories of people who are given the preemptive right to leave their posts. Therefore, if it is liquidated, then the employer must offer the person another job.
Benefits enjoyed by:
- Workers who are injured due to work.
- Persons with 2 or more disabled people dependent on them.
- Employees considered the sole breadwinners in the family.
- Disabled people fighting.
- Continuing education workers.
For example, a person is considered the only one in the family who brings income. In the event of the liquidation of the position, the employer must offer him another vacancy.
Features of contraction
Dismissal may be due to staff reductions or job terminations. These procedures have their own characteristics. Under the law, management is not required to provide arguments that prompt such events. But he still has to provide reasons for the excess of personnel.
Staff - the total number of posts of the company. Its reduction is often independent of leadership. But nevertheless, the norms of the Labor Code of the Russian Federation must be respected. In some cases, the reduction does not imply dismissal, but only the redistribution of employees. It may relate to a specific position. Then a new schedule is drawn up, where there are no old posts.
Dismissal may affect all employees. This also applies to pensioners. The payment of employee redundancy benefits is guaranteed by law. For example, a person is registered with the employment service to earn income, and in the meantime, is looking for a new job. A minor can be dismissed only with the complete liquidation of the institution, as well as with the permission of the State Inspectorate. In other cases, it is unlawful to deprive persons under 18 of their jobs.
Description of procedure
There is a layoff procedure to reduce staff. When it is carried out, there is no reason to go to court because of illegal actions. The procedure is as follows:
- An order is created. It should contain lists of posts that need to be shortened. Persons responsible for this procedure are also identified. The form of the document is arbitrary.
- A new schedule is being drawn up based on form No. T-3. It indicates the number of staff, positions, rates and salaries.
- An order is issued on the basis of the introduction of the staffing table. The document informs employees about the beginning of its action.
- The personal files of candidates are considered. A commission is organized that analyzes the benefits of people. Based on the results, a protocol is drawn up, which indicates the conclusions about the impossibility of dismissal of employees.
- Alerts employees about an upcoming event. All persons indicated in it must familiarize themselves and sign.
- Those employees who decide to terminate the contract ahead of schedule need permission to terminate early. It is sent to the employer in writing.
- The alert is then sent to the employment center and the union.
- If the employer has vacant posts, layoffs may take them.
- After resolving all issues, an order of form No. T-8 on termination of contracts is issued.
- Records are made in work books, where clause 2, part 1, art. 81 of the Labor Code of the Russian Federation.
- Workers get paid. Income certificates for 2 years can also be provided.
This is the layoff procedure for staff reductions. If an employee registered with the military has been dismissed, management is given 2 weeks to notify the military registration and enlistment office. When reducing the person from whose income the funds were paid according to the writ of execution, the bailiff should be informed about this.
Notification
Only after notification should a layoff be reduced. The payment of benefits will be a legitimate measure of social protection for citizens. The notice must be issued 2 months before the new schedule. It includes a list of all dismissed. With a reduction in the seasonal employee, notification should occur 7 days in advance. If an employee whose contract is valid for 2 months is dismissed, then notification takes place 3 days in advance.
Without notice, the procedure will be invalidated. With dismissal, a list of documents should be drawn up. In this case, the employer must comply with some deadlines. For example, at least 2 months should pass from the date of issuing the order to the procedure itself. Only in this case will the procedure be legal.
Payouts
If a layoff has occurred, the payment of benefits is guaranteed. Provided by:
- Salary for the last month and compensation for unspent vacation. Must be paid no later than the last day of work.
- Severance pay. If a layoff has occurred, the payment of benefits of this type is required. It is transferred within 3 months after the reduction, if a person has not got a new job. The first time it is paid in advance, taking into account the calculation of the dismissal.
- Privileges. They are provided upon registration at the employment center if no new job has been found within 3 months. Only then does this organization provide redundancy payments. Examples and features of these procedures make it clear what you can count on. For example, if a person is considered unemployed for 4 months, then the employment center provides benefits, so a person can search for a suitable position.
Payout Sizes
If the employee has been reduced, he will receive payments on the basis of the law. Moreover, the size corresponds to the sum of the average monthly income.
Benefits are awarded as follows:
- From 4 to 7 months - 75%.
- From 4 months after the indicated deadline - 60%.
- Then - 45%.
Everyone should be provided with income, no matter where a layoff occurs. Examples of compensation will allow you to determine how much you should count on. The average employee income is taken into account. If it is 20,000 rubles, then in the form of unemployment benefits, it will be 15,000 rubles from 4 to 7 months. Then income will decline. During this time, with the help of the employment center, you can search for a suitable vacancy.
Who is forbidden to dismiss?
There are several categories of persons who are guaranteed. Dismiss them will not work, the exception is the liquidation of the company. They should be offered other vacancies. The new job should be similar to the old in terms of payment and qualifications.
You can not fire:
- Pregnant
- Mothers of disabled children.
- Mothers with children under 3 years old.
- Single mothers with children under 14 years old.
- Single fathers with children under 14 years old.
- Minors.
- Workers on vacation.
- Temporarily disabled.
Guarantees
The law provides guarantees for persons who are subject to reduction. They have a period during which to find a new job. Employees are eligible for another position, if one exists. Transfer to another branch of the company is possible. Warranties include benefits.
If you have complaints about the personnel reduction procedure and the payment of benefits within a month, you can go to court to appeal the decision. It should be borne in mind that this body does not always restore people to their posts. For example, this cannot be done if the employee does not fit the preferential category and the procedure is completed legally. The court may change the wording of the entry in the work book, as well as ensure the transfer of payments for involuntary absenteeism.
And the employer can provide evidence of the legality of the dismissal with the employee:
- Old and new schedule: the position will be indicated in one document, but not in the second.
- Candidates ’personal files: one may have advantages, and the other may not.
- A person’s written refusal to receive a new position.
Thus, the dismissal of the reduction has its own characteristics. Both parties must take into account the norms of the law, since it is they who regulate such relationships.